DWR_3604596

• Document Type - Guidance Documents: Policy
• Topic: Board of Examiners
• Title: REVOKED POLICY 2015-1: CONTRACTUAL RELATIONSHIPS BETWEEN LICENSED CONTRACTORS AND UNLICENSED INDIVIDUALS
• Document Date: 2/5/2018

STATE OF COLORADO
BOARD OF EXAMINERS OF WATER WELL CONSTRUCTION AND PUMP INSTALLATION CONTRACTORS
Division ofWater Resources
13
Sherman Street, Room 818FcSDenver,
Den
CO 866-3Phone
VD8.
[phone]
FAX[phone] Revoked, Scroll for additional info
htip://www.water.state.co.us/boe
John W, Hickenlooper
BOARD POLICY NO. 2015-1
Governor
Mike King
Contractual relationships between licensed contractors and unlicensed
Executive Director, DNR
individuals for the purposes of water well construction and pump
tt Cuthbertson, P.E.
Sco
installation
INTRODUCTION
At its meeting on October 7, 2014, the Board of Examiners of Water Well Construction and
Pump Installation Contractors reviewed section 37-91-101, C.R.S, et seq., as such
provisions relate to contractual business relationships between licensed contractors and
unlicensed individuals engaged in the business of water well construction and pump
installation. Previously, the Board recognized business agreements whereby an
unlicensed individual was allowed to perform water well construction or pump installation
as a "business partner" or "independent contractor" working in conjunction with a licensed
contractor, if the operating agreement or other business agreement described the details of
the arrangement.
The Staff and the Board discussed concerns with allowing such practices to continue, and
reviewed the following statutory provisions relevant to the issue:
37-91-105(1), C.R.S.:
Every person, before engaging in the business of contracting either for the construction of
wells or for the installation of pumping equipment, shall obtain a license for one or more
methods of well construction or pump installation from the board ....
37-91-111(1)(c) & (d), C.R.S.:
(1) R is unlawful:
(c) For any person not licensed or whose license is suspended to construct wells
unless he is a private driller or directly employed by or under the supervision of a
licensed well construction contractor;
(d) For any person not licensed or whose license is suspended to install pumping
equipment unless he is a private pump installer or directly employed by or under the
supervision of a licensed pump installation contractor.
37-91-106(2), C.R.S.:
A license shall not be required of any person who performs labor or services if he is directly
employed by, or under the supervision of, a licensed well construction contractor or pump
installation contractor.
37-91-102(4.7), C.R.S.:
"Directly employed" means engaged in employment where the employer is responsible for
and directly controls the performance of the employee, and, where applicable, the employee
.00TAVE GEORGE BLOUINI La Vats; THERESA JEHN-DELLAPORT, Golden; JAROD KUNTZ, Sterling; ANDREW M. ROSS, Denver